(2) Subclause (1) does not apply in relation to any record or
document pertaining to any person who is not a member of the permit
holder’s organisation, unless:

(a) the person provides consent in writing to the affected
employer; or

(b) the permit holder has obtained an order pursuant to
paragraph 483A(1)(b).

[access to non-member records]

(26) Page 394 (after line 17), at
the end of Subdivision A, add:

483A Application to FWA for access to
non-member records

(1) The permit holder may, for the purposes of investigating
the suspected contravention, apply to FWA for either or both of the
following orders:

(a) an order to allow the permit holder to enter the premises
and to inspect, and make copies of, any record or document
pertaining to a person who is not a member of the permit
holder’s organisation that is relevant to the suspected
contravention;

(b) an order to require an affected employer to produce, or
provide access to, such records for inspection.

(2) FWA may make such an order if it is satisfied that the
order is necessary to the investigation of the suspected breach.
Before doing so, FWA must have regard to the conditions (if any)
that apply to the permit holder’s permit.

(1) Subject to subsections (2) and (3), a permit holder may
enter premises to hold discussions with one or more persons:

(a) who perform work on the premises; and

(b) whose industrial interests the permit holder’s
organisation is entitled to represent; and

(c) who wish to participate in those discussions.

(2) If each person mentioned in subsection (1) is a member of
the permit holder’s organisation—the requirements of
this section are satisfied.

(3) If any of the persons mentioned in subsection (1) is not
a member of the permit holder’s organisation, the permit
holder must not enter the premises for the purpose of holding
discussions with such persons, and must not hold discussions with
such persons if otherwise authorised to enter the premises,
unless:

(a) the occupier of the premises authorises the permit
holder, in writing, to do so; or

(b) the majority of persons who perform work on the premises
agree that the permit holder may do so, and that agreement is
communicated to the permit holder, in writing, by the occupier of
the premises; or

(c) the permit holder obtains a majority support entry
determination.

484A Majority support entry
determinations

(1) A permit holder may apply to FWA for a determination (a
majority support entry determination ) that a majority
of persons who perform work on the premises support the entry of
the permit holder to hold discussions.

(2) The application must:

(a) specify that the permit held by the applicant is valid;
and

(b) specify that the permit holder’s organisation is
entitled to represent the industrial interests of one or more
persons with whom discussions are sought; and

(c) contain a declaration that the permit holder has
requested, but not obtained, the express authorisation of the
occupier of the premises; and

(d) be made in accordance with the regulations.

484B When FWA must make a majority
support entry determination

(1) If a permit holder has applied for a majority entry
support determination under section 484A, FWA must make the
determination if it is satisfied that:

(a) a majority of persons who perform work on the premises
genuinely authorise the permit holder to enter and hold
discussions; and

(b) the permit holder’s organisation is entitled to
represent the industrial interests of the employees with whom
discussions are sought; and

(c) the historical coverage and representation by employee
organisations of persons at the premises will not be disturbed.

(2) For the purposes of paragraph (1)(a), FWA may work out
whether a majority of employees authorise the permit holder to
enter and hold discussions using any method that FWA considers
appropriate.

(3) For the purposes of paragraph (1)(c), FWA must have
regard to:

(a) the industrial instrument or instruments covering the
employees at the premises to which entry is sought; and

(b) the history of enterprise agreement making at the
premises to which entry is sought; and

(3) A person is also a transferring employee
for the purposes of this Part if:

(a) the person is employed by the old employer at any time
within the period of 1 month before the time of transmission;
and

(b) the person’s employment with the old employer is
terminated by the old employer before the time of transmission for
redundancy reasons or for reasons that include redundancy; and

(c) the person becomes employed by the new employer in the
business being transferred within 2 months after the time of
transmission.

(4) A reference to a particular state of affairs existing in
relation to a transferring employee immediately before the time of
transmission is to be read as a reference to that state of affairs
existing immediately before the person last ceased to be an
employee of the old employer.

(1) Subject to subsection (3), a transferable instrument that
covers the new employer and the transferring employee because of
section 313 (or any other person because of another provision of
this Part) ceases to have coverage on the earlier of:

(a) the date the instrument ceases coverage under its own
terms;

(b) 12 months after the transfer time.

(2) Subject to subsection (3), after the transferable
instrument ceases to have coverage in accordance with
subsection (1), the new employer and the transferring employee
are covered by:

(a) the modern award which is expressed to cover the new
employer and the transferring employee; or

(b) the enterprise agreement which is expressed to cover the
new employer and the transferring employee;

whichever is most beneficial to the
employee.

(3) If the redundancy pay provisions in the transferable
instrument are more beneficial to the employee than the provisions
in the instrument which would otherwise take effect under
subsection (2), the redundancy pay provisions in the transferable
instrument continue to cover the transferring employee until 24
months after the transfer time.